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2019 (6) TMI 188 - CESTAT MUMBAIImposition of penalty u/s 11AC of the Central Excise Act, 1944 - violation of valuation rules - intent to evade present or not - for removal of semi finished goods to the sister units, the appellant did not follow the procedures/guidelines laid down under Section 4(1)(b) of the Act read with Rule 8 of the Valuation Rules, 2000 - HELD THAT:- D uring the Financial Years 2008-09 to 2010-11, the appellant had paid duty on higher side initially as compared to CAS-4 certificates prepared after finalization of the accounts. Thus, it is not the case of revenue that the appellant is a wilful defaulter and non-payment of duty within the stipulated time for the disputed period can be owing to the reason of fraud, collusion, wilful mis-statement etc., with intent to evade the Government Revenue. The differential amount was deposited by the appellant much prior to the date of issue of the show cause notice. In context with finalization of CAS-4, the CBEC issued instructions from file F.No. 206/10/2017-CX.6 dated 16.12.2017, clarifying that the certificate of cost data can be prepared based on actual data by 31st of December next year. In this case, since the CAS-4 certificate was prepared based on actual cost data for the period 2011-12 and 2012-13 on 18.12.2012, the said clarification of the CBEC covers the case of the appellant. Penalty set aside - appeal allowed - decided in favor of appellant.
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